91 Iowa 94 | Iowa | 1894
I. From this record it appears that the appellant was, on January 20, 1891, operating a street railway, by means of electricity, in the city of Sioux City, Iowa. On that date plaintiff took passage on one of its cars at Morning Side to be transported' to the business part of the city. When said car reached Second street, at the intersection of Stuben street, a train of cars belonging to the defendant, the Chicago, Milwaukee & St. Paul Railway Company, with an engine attached, was standing upon the crossing. The street car approached within a few feet of said train, and stopped. Said railway train was then opened, whereupon said street car was moved forward until it came to another track of said railway, and when on said track, it was struck by an engine of the defendant railway company, which was moving along thereon; Immediately prior to said collision, and while the same was imminent, the plaintiff, to avoid injury, attempted to get out of said street car, and in so doing received severe and permanent injuries, to recover for which this action is brought. It is charged that said street railway company was negligent in moving said car forward into a place of danger, that its servants did not look or listen or take other precautions against trains on said railway